caprocrev 13 - 01/30/2006

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Exporter's Responsibilities

Document Verification

1. Prior to shipping consignments:
   1. The U.S. exporter will send the following information by facsimile to Canadian Food Inspection Agency (CFIA), Ottawa [FAX NUMBER: (613) 228-6623]. The Import Control Office operates Monday through Friday, 7:00 a.m. to 8:00 p.m., Eastern Standard Time. Any incoming facsimiles arriving after 5:00 p.m. may not be verified until the following workday. Exporters are advised to submit their documents for pre-verification as early as possible.
   2. 1. A facsimile transmittal notice* (This form may be downloaded or printed for use). Include company name, city, state, Est. No., return facsimile telephone number, Canadian port of entry, intended Canadian import reinspection establishment (see "Canada -- Import Reinspection" list), city, province, hermetically sealed product included in consignment (if shipping canned product, record Canadian label registration number), whole birds included in the consignment, whether the product is fully marked, unmarked, or unstamped. U.S. plant contact name and company telephone number.
      2. A copy of FSIS form 9135-3 (for edible red meat, horse meat, natural casings and poultry) (See instructions)
      3. If applicable, a copy of Continuation Sheet (FSIS form 9135-3A) - When requesting document pre-verification from CFIA, if the actual weights and number of packages/ containers are not known at the time of the request, a photocopy of FSIS form 9135-3 containing estimated weights/number of packages may be submitted. Be sure to type the required information directly on FSIS form 9135-3. Only the estimated weights/ number of packages can be typed on the photocopy.
      4. 1. When typing the original certificate, leave the weight/number of packages cells blank on the original FSIS Form 9135-3. Photocopy the partially typed, original form and type across the top: "NOTIFICATION TO EXPORT TO CANADA".
         2. Record the ESTIMATED weights and ESTIMATED number of packages in the appropriate cell on the photocopy.
         3. The original FSIS form 9135-3 will not be signed by USDA until the certificate is completed; however, the name of the official veterinarian and the circuit number must be typed onto the certificate prior to submitting to the Import Control Centre. If the veterinarian whose name is typed on the certificate is unable to sign the original certificate after the document has been pre-verified, another veterinarian may sign for this individual. The veterinarian signing the certificate must print (or type) his/her name and circuit number under the signature. Do not mark out the other veterinarian's name.
   3. CFIA will screen this documentation for accuracy and completeness.
   4. Company will be notified by return facsimile that the documentation is correct or needs to be resubmitted.
      1. If satisfactory, the facsimile copy of the certificate will be stamped (see enclosure 1) and returned to the exporter.
      2. If unsatisfactory, the certificate copy will be returned with notification of the reason for refusal. Resubmission must be made on a new FSIS Form 9135-3.
         
         Caution: The only information that can be added to the original certificate that has been verified is the actual weights, number of packages, and the veterinarian's signature. Exporters that continue to retype the entire form following pre-verification may experience delay at the border entry point. Contact the FSIS Technical Service Center, Omaha, NE, phone (402) 344-5000 if there are any questions.
2. Once documentation has passed pre-screening, the shipment is free to travel to the border crossing indicated with the pre-verified certificate. Documents must be reviewed and processed by one of the Import Control Centers prior to entry.
   
   Note: Provided notification is given to the Canadian border inspector, products can be dropped from a pre-verified certificate without penalty. Exporters are advised to notify the Canadian border inspector either verbally or through a letter. Do NOT mark through an item on the export certificate. The Canadian border inspector will correct the computer database.
3. Designating an Import Reinspection Establishment
   1. Any Canadian reinspection facility approved to reinspect meat products from the U.S. can be designated by the U.S. exporting establishment.
   2. A U.S. exporting establishment may change the designated border crossing and/or import reinspection facility by notification to the Canadian border inspector upon arrival at the border.
      
      Note: Plants in Canada must be approved by CFIA for reinspection of U.S. Meat and poultry products. Canada maintains a list of approved reinspection facilities. U.S. Exporters may request that particular Canadian plants be listed by Canada for reinspection depending upon the willingness of the plant to participate. Requests for a plant to be approved as a Canadian reinspection facility should be directed to: Import Export Program Staff, Office of International Affairs, 14th & Independence Ave., SW, Rm. 2137 South Building, Washington, DC 20250. Such requests must be accompanied by the name, address, city/providence/zip, phone number, fax number, and plant contact. FSIS OIA will then submit such requests to CFIA.

Border Data Entry and Inspection Assignment

1. Once a certificate has been pre-verified, the shipment should cross the border within seven (7) workdays. It is the exporter's responsibility to notify CFIA by facsimile if the shipment will not cross before this time. Also, the exporter must notify the Import Control Centre if the shipment has been cancelled and the pre-verified certificate has been voided. Failure to notify CFIA of a cancelled shipment may result in delays for subsequent shipments.
   
   CFIA has programmed their computer system to automatically purge any pre-verified export certificate that has not made entry into Canada after 21 days from the date of pre-verification. If the shipment arrives after the certificate has been removed from the system, a replacement certificate will have to be issued. Also, even if the exporter notifies CFIA that the shipment is delayed beyond 7 days from the preverification date, the certificate will be purged from the system after 21 days.
2. The original FSIS form 9135-3 and the pre-verified, stamped copy must accompany the shipment to the border. The original certificate will include the actual weight/number of packages and the USDA veterinarian's signature and the date signed.
3. Documentation review and processing at the Import Service Center (ISC)
4. 1. The broker/importer can deliver all appropriate documents to the ISC for initial documentation processing no more than 72 hours before the shipment arrives at the border.
      1. Official Meat Inspection Certificate (OMIC) For US meat products: faxed copy of the original FSIS Form 9135-3 (Certificate for Export of Meat and Poultry Products) and FSIS form 9135-3A (Continuation Sheet), if applicable.
      2. For US meat products only: copy of stamped, pre-cleared FSIS Form 9135-3.
      3. CFIA-ISC fax cover sheet
      4. Manifest or cargo control document
   2. If all documents are not present, the ISC will contact the broker/importer to provide all the necessary documents.
   3. The ISC will compare faxed original FSIS form 9135-3 with the stamped, pre-cleared FSIS form 9135-3 and verify that they are identical except for quantity and weight. The stamped, pre-cleared FSIS form 9135-3 does not require to be signed or dated, the faxed original copy must however be signed and dated.
   4. The ISC will compare the quantity and the weight on the manifest with the quantities and the weight on the faxed original OMIC or FSIS Form 9135-3. If they do not match, the Meat Hygiene MOP (Manual of Procedures), chapter 10.4.1.(1) will be consulted on counts for disposition.
   5. The ISC will verify that all requested information is present on the CFIA-ISC fax cover sheet, making sure that the final destination of the shipment is indicated, in addition to the import inspection establishment. In cases of replacement certificates, the reason for refusal of the previous certificate will be verified to assure that refused shipments that cannot be re-imported are not re-presented under a replacement certificate.
   6. Data entry and AGR 1422 validation / generation. For US meat products: Access the appropriate, pre-entered AGR 1422 on the Import Control System by using the AGR 1422 number written on the pre-cleared copy of the FSIS Form 9135-3. Pre-entered weights and counts must be corrected according to the manifest.
5. Notification of Inspection Assignment
   1. The instructions to customs broker will be written on the cover sheet:
      1. RELEASE
         
         For all US skip-lots not specifically targeted by ISC for CFIA inspection at the border, or
      2. HOLD FOR CFIA INSPECTION
         
         For all shipments specifically targeted by ISC for CFIA inspection at the border (i.e. US skip-lots with incompatible materials shipped in the same transport container), or
      3. REFUSE ENTRY
         
         Shipments refused entry at the border may return to the USA or await the arrival of a CFIA inspector for final disposition.
   2. 
      Note: Previous procedure for handling of skip-lot shipments certified as "unstamped" is cancelled. A considerable number of these shipments is consigned to registered establishments, where presence of necessary seals will be verified by a CFIA inspector. The ISC officer should keep count of all skip-lots certified as "unstamped" as well as those among them that are consigned to a registered establishment.
      
      Note: All partial loads shipments of meat products, specifically targeted by the ISC, must be opened at the point of importation and inspected by a CFIA inspector, or be refused entry into Canada by the ISC officer. Presentation of these shipments must therefore be limited to points of importation with CFIA presence and to the CFIA office hours at those points.
   3. The following shipments may be allowed to move inland and must be directed to a registered establishment for CFIA inspection or verification and/or processing at destination:
      • all US shipments certified as "UNMARKED",
      • all US shipments identified on AGR 1422 for full inspection,
      • all US shipments where some Canadian requirements have been waived (these shipments must also be certified as "UNMARKED")
      • all shipments identified on AGR 1422 for intensified inspection for whatever reason
   4. Refused Shipments
      1. For shipments refused at ISC the faxed original FSIS form 9135-3 will be stamped with the AAFC refusal stamp. A copy of the cover sheet with instructions for handling of shipment will be faxed to the broker/importer.
      2. For shipments refused at the point of importation, following CFIA inspection, the import inspector will stamp the original of the FSIS Form 9135-3 with "AAFC refused entry" and will immediately advise the ISC, by telephone, for data entry. The inspector will give a copy of the stamped cover sheet with the CFIA decision to the broker/importer.
   5. For shipments not presented for import. Whenever a shipment that has been processed by an ISC will not be imported, for whatever reason, the importer/broker is responsible to report this to the appropriate ISC. The ISC will notify the Import Control Supervisor at the MPPD HQ by fax or E-Mail to have this AGR 1422 number removed from the system. The invoice will not be removed and the revenue should be collected as is usual.
   6. Collection of original FSIS forms 9135-3. The skip lots of meat products imported from the USA are the only lots that may be released from import inspection at the point of importation. Traditionally, original FSIS Forms 9135-3 for these shipments were collected at the point of importation. Following is the new procedure:
      1. It is the responsibility of the broker/importer to deliver the original FSIS form 9135-3 to the appropriate ISC within 10 working days from the date the shipment was processed at the ISC.
      2. In cases of failure to deliver the FSIS form 9135-3 within required time, the broker/importer will have future shipments processed only upon presentation of an original FSIS form 9135-3 until the original missing FSIS form 9135-3 has been found or replaced.
      3. Collecting and tracking of original FSIS forms 9135-3 is carried out by the ISC. The collected original OMICs are to be attached to the corresponding AGR 1422s indicating the final disposition of the shipment and forwarded to Ottawa via the regional office.
      4. Handling of original FSIS forms 9135-3 covering all other imported meat shipments is to be carried out as is being done at present.
6. Skip Lot
   1. A cursory examination of the truck and opening of the truck doors for observation of the general condition of the shipment will be done at the discretion of the border inspector. The border inspector must be able to view the export stamp and product labels on a carton and/or combo that are placed at the rear of the truck. If the inspector is unable to verify these, the company has three options:
   2. 1. have the carton/combo removed or turned around so the inspector can examine the shipping container at the border, or
      2. move the product to the designated reinspection facility in Canada so the Canadian inspector can verify the information on the shipping container, or
      3. upon request of the U.S. exporter or Canadian importer, move the product to any other Canadian reinspection facility that may be closer to the border for visual inspection by the Canadian inspector.
   3. Provided the inspector does not observe anything that would require full reinspection, the shipment can proceed to the destination.
   4. If the inspector observes a problem within the shipment, the computer system assignment will be overridden and the shipment will proceed to the designated import reinspection facility for full reinspection.
7. Full Reinspection.
   
   If a shipment is identified as an inspect lot, it will proceed to the designated import reinspection facility for full reinspection.
8. Intensified Reinspection
   1. Labeling and Certification Discrepancies. Due to the document pre-clearance procedure, errors in labeling or certification discrepancies should be reduced. Errors in this regard may result in rejection of the load in question. There is no follow-up intensified status for this type of error.
   2. Product Deficiencies. If a U.S. establishment has a lot refused entry for product deficiencies, the establishment must submit ten (10) consecutive lots for full reinspection prior to being considered for a reduced rate of inspection. If one of these ten consecutive lots is refused entry, then the process will start over until ten (10) consecutive lots are found satisfactory.
   3. Laboratory Violations - Procedure to Export Products Under Intensified Reinspection
      
      If an establishment exporting product to Canada incurs a laboratory violation (i.e., microbiological, chemistry, residue, or species), the future shipments will be subject to intensified reinspection procedures. Under intensified reinspection, each lot is sampled, analyzed, and results must meet Canadian Standards. Intensified status will continue until the following are met:
      1. a lot criteria of 15 consecutive lots is met (every lot of like product is tested) and
      2. a weight criteria is met (cumulative weight since the beginning of intensified testing equivalent to 15 times the original violative weight).
   
   To meet the weight criteria, more that 15 consecutive lots may need to be tested. After these requirements have been successfully met, the establishment can return to normal reinspection procedures.
   
   

   Two options are available for satisfying the sampling requirements. Option 1 involves sample selection and shipment identification under supervision of the USDA inspector. Option 2 involves sample selection in Canada. Product will remain in the designated reinspection facility until negative results are obtained. Upon notification of a laboratory violation, the company must follow one of the following options:

   OPTION 1 -- PRECERTIFICATION IN U.S.

   a. The Canadian Food Inspection Agency ( CFIA) notifies the FSIS Technical Service Center (TSC) of the violation.

   b. The TSC notifies the appropriate District Office and FO, Processing Operations Staff (POS).

   c. For the duration of intensified inspection (see criteria above for return to normal inspection), plant management will inform the USDA inspector in writing of intended shipment(s) to Canada.

   d. Under supervision of the USDA inspector (See note at the end of Option 1), company representatives will select samples from each lot(s) of the shipment destined for export to Canada.

   (1) The company will be responsible for submitting these samples to the appropriate laboratory for analysis. The company should not use a FSIS laboratory form when submitting these samples.

   (b) Each lot is coded to correspond with the lab sample. This unique code must appear on each carton in proximity to the export stamp, to enable ready visual identification.

   e. The samples must be analyzed in one of the following AMS labs for Salmonella and/or Listeria testing:

   USDA, AMS, Science and Technology Division
   Midwestern Laboratory
   3570 N. Avondale Ave.
   Chicago, IL 60618
   Phone (312) 353-6525
   Fax (312) 353-3150
   Attn.: James Roberts

   USDA, AMS, Science and Technology Division
   Eastern Laboratory
   2311-B Aberdeen Blvd.
   Gastonia, NC 28054
   Phone (704) 867-3873
   Fax (704) 853-2800
   Attn.: Ed. Hoerning

   Other types of samples must be sent to a laboratory accredited by FSIS.

   Note: For domestic samples, FSIS policy is to sample only the meat or poultry portion of the ready-to-eat product if this component is separate and distinct from the non-meat ingredients. Canadian policy requires a composite test of all food ingredients in ready-to-eat products. Ready-to-eat products that contain ingredients other than meat and poultry must be sampled as a composite sample for microbiological analyses. It is the company's responsibility to notify the laboratory of this requirement.

   f. Information required on the laboratory report includes CFIA's label registration number on the product, the product description, the size of the lot(s), code(s) on the shipping cartons, the corresponding US-CA number ¹ from FSIS Form 9135-3 (Certificate of Export of Meat and Poultry Products to Canada), and whether the sample was a composite ¹ sample.

   ¹For ready to eat products containing ingredients other than meat and poultry

   g. The laboratory result report will be reviewed by the USDA inspector. The information listed in paragraph 6, along with a negative result must be present on this report, before product is released for export.

   h. The following statement must be typed in the "remarks" section on the FSIS form 9135-3, indicating negative results for the violation in question:

   Products tested for __________ with the following results: _______

   "negative," "not detected," " X ppm,," etc.

   The export certificate will be submitted for preverification by the Import Control Centre in Ottawa. The laboratory report will not accompany the preverified copy/original export certificate to the border with the shipment.

   i. The shipment will be subjected to full reinspection at the designated reinspection facility by the Canadian Food Inspection Agency. However, shipments that are precertified in the U.S. will not be retested for laboratory analysis by the Canadian Food Inspection Agency.

   Note: It is not acceptable for a the producing company to select and report laboratory results for shipments under intensified reinspection intended for export to Canada without inspector involvement. Inspection services rendered in accordance with these requirements are to be charged as reimbursable services as provided in FSIS Directive 5110.1, Reimbursable Services Reference Guide, part VII.

   OPTION 2-- HOLD AND TEST IN CANADA

   a. The Canadian Food Inspection Agency notifies the FSIS Technical Service Center, Omaha, NE, phone (402) 344-5000 of the violation.

   b. The TSC notifies the appropriate District Office and FO, Processing Operations Staff (POS) of the violation.

   c. For the duration of intensified inspection (see criteria above for return to normal inspection), shipments to Canada will be presented for full reinspection by CFIA. Plant management will inform CFIA of intent to "Hold and Test" in Canada on the "Notification of Intent to Import Meat Product into Canada" fax cover sheet. Product will be held at the designated reinspection facility in Canada. Samples will be taken by CFIA inspectors for subsequent laboratory tests.

   d. All samples will either be sent to a Canadian federal laboratory or may be expedited to a private laboratory accredited by CFIA for this purpose.

   e. Upon completion of the analyses, the lab report will be reviewed and verified by the CFIA inspector.

   f. Provided the results are negative, product will be released for distribution.

   Questions regarding procedures for intensified sampling should be directed to the FSIS Technical Service Center, Import/Export Staff, in Omaha, NE at (402) 344-5000.

   NOTE: Any establishment with questions concerning the comments received from the import control clerk in Ottawa can call (613) 228-6118 for assistance. The Import Control Office operates Monday through Friday, 7:00 a.m. to 8:00 p.m., Eastern Standard Time. Exporters are advised to refrain from calling the "hot line" telephone number to verify the status of their submission before three (3) hours have lapsed. Do not send a repeat request to the Import Control Centre without indicating the fact this is a repeat submission on the facsimile cover sheet. To avoid confusion, U.S. exporters may want to check with the import control clerk prior to sending a resubmission.

    

   Enclosure 1 

   Document Verified/ Document Vérifié ________________________________________________   ATTENTION CUSTOMS / DOUANES    Shipment must be referred to the Canadian Food Inspection Agency   L'expédition doit éntre référée Agence canadienne d'inspection des aliments.

    

   Enclosure 2 

   PORTS OF ENTRY WITH COMPUTERIZED IMPORT CONTROL SYSTEMS
   	AIRPORTS	SEAPORTS	INLANDS
   NEWFOUNDLAND		St. John
   NOVA SCOTIA		Halifax
   NEW BRUNSWICK		St. John
   QUEBEC	Dorval, Mirabel	Montreal	Lacolle,Rock Island Lachine (CPR),Dorval
   ONTARIO	Toronto	Toronto	Windsor, Niagara Falls, Sarnia, Fort Erie, Brockville,Toronto (CPR)
   MANITOBA			Emerson, Boissevain
   SASKATCHEWAN			North Portal
   ALBERTA			Coutts
   BRITISH COLUMBIA	Vancouver	Vancouver	Pacific Highway

   caprocrev13--01/30/2006